No Business License: Everything You Need to Know
Having no business license can have serious consequences as it can put your credibility at stake and expose you to financial penalties. 4 min read
Having no business license can have serious consequences. It can put your credibility at stake and expose you to financial penalties or even criminal charges in some cases.
Obtaining a license is an important step in setting up and operating a business. Almost all states and cities in the U.S. have a licensing requirement.
The main purpose of a business license is to let the government know about your business, so that the government can ensure proper taxation and compliance with the stipulated guidelines. Governments usually impose financial penalties to ensure compliance with the licensing requirements. The extent and type of penalty varies with the government and the type of license.
How to Obtain a Business License
A business license is an official statement of permission from the government or a local authority allowing you to operate a business. Depending on the nature of your business, you may need one or more licenses. You can use the tool offered by the U.S. Small Business Administration to determine the types of licenses and permits you'll require to conduct business in your area.
To obtain a business license, you must apply to the agency or authority that has jurisdiction over your location. Depending on your place of business, you may have to deal with the municipal corporation or the county officials.
The Disadvantages of Operating Without a Business License
Fines and Penalties
Failure to comply with the licensing requirements of your state government or local authority can subject you to expensive fines and penalties. The exact amount of the penalties depends on the nature of offense and several other factors.
For instance, the fine for missing a renewal deadline is likely to be less than the fine for operating a business without a license for several years. Similarly, a freelancer working from home without a license may be subject to a small fine, whereas a large company operating without proper licenses and permits may be subject to huge fines and may face charges from local and federal authorities.
Forced Termination of Business
A business operating without a proper license may be forced to shut down its operations. For example, a bar running without a liquor license is likely to be shut down.
You may be able to reopen the business after obtaining the required license. However, sometimes, a mandatory probationary period may apply. The local authority may even refuse to grant a license.
Criminal Charges
Professionals are often required to obtain special certification for practicing a certain trade. Failure to receive a business license in such cases may subject you to criminal charges. For example, a doctor practicing without a proper license is likely to face criminal charges.
Amounts to a Fraudulent Act
Operating a business without a license amounts to a fraudulent act, and your customer can sue you in small claims court.
Puts Your Credibility in Stake
Operating without a business license puts a question mark on your business practices. Customers may get an impression that your business does not follow legal procedures and ethical practices.
Steps to Report a Business Operating Without a License
To report a business operating without a license, you just need a computer with internet access.
Check Whether the Business Is Really Unlicensed:
- Search online for your state's Department of Licensing.
- Use the search option on the department's website to see whether the business is licensed.
Report the Business to the Better Business Bureau (BBB):
- Visit the BBB website.
- Click on the "File a Complaint" link.
- Follow the guidelines and questionnaire to complete your complaint.
Report the Business to the Department of Consumer Affairs:
- Search online for your state's Department of Consumer Affairs.
- Visit the department's website.
- Follow the directions to report an unlicensed business.
Can You File Taxes Without a Business License?
You can file a tax return even if you don't have a business license.
Self-employed individuals are usually required to pay their estimated taxes every quarter and file an annual return. In addition to income tax, they must also pay self-employment tax or Social Security and Medicare tax.
In order to determine whether you are liable to file self-employment and income taxes, you must first compute your net profit. If the amount of your net profit from self-employment is $400 or more, you must file an income tax return. Even if this figure is less than $400, you may still have to file an income tax return if any of the filing requirements listed in the Form 1040 instructions applies to you.
Overall, you don't want to try operating a business with no business license. The risks are too great and there are no benefits.
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